Published AAO appeal decisions

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

Data scientist with doctorate in data science and master's in statistics sought NIW for computing and data analysis research endeavor. AAO sustained appeal, finding endeavor has national importance, petitioner well positioned to advance it given STEM doctorate and demonstrated progress, and waiver benefits United States.

A statistician with an approved labor certification sought a national interest waiver to develop statistical methods for biomedical discovery and clinical trials. The AAO dismissed the appeal, holding expert letters lacked persuasive corroborating evidence that his specific proposed endeavor would achieve national importance in biomedical science.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

Data analyst self-petitioner claimed eight EB-1A criteria. AAO withdrew findings on two criteria and rejected awards and salary claims. On final merits, AAO affirmed that totality of evidence does not demonstrate sustained acclaim or placement among the small percentage at the very top of the field.

Senior data analyst seeks NIW for EB-2 classification to develop machine learning models for diabetes risk prediction. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor and insufficient evidence of being well positioned to advance it despite holding master degrees and modest publication record.

Senior data scientist with advanced degrees seeks EB-1A extraordinary ability classification. Claimed five criteria, but satisfied only two (judging and scholarly articles), falling short of the required three. AAO dismissed appeal because threshold evidence requirement was not met, declining to analyze final merits.

Quantitative researcher with doctorate in statistics seeks NIW for EB-2 classification to develop statistical methodologies for big data research. AAO dismissed appeal, finding proposed endeavor lacks national importance; work restricted by employer covenants and lacks dissemination beyond employer and clients.

Data scientist self-petitioner sought EB-2 NIW based on advanced degree and proposed research in anomaly detection. AAO affirmed denial, holding petitioner did not establish national importance under first Dhanasar prong; research projects lacked specificity and documentation showing broader field or industry impact. Second and third prongs not addressed.

A data scientist with a master's degree in software engineering claimed six evidentiary criteria for extraordinary ability. The AAO affirmed the service center's finding that she met only two criteria, judging and scholarly articles. She failed to establish that IEEE senior membership requires outstanding achievements or that her original contributions were of major significance. Without three satisfied criteria, the petition was dismissed without final merits review.

Advanced data scientist seeking EB-1A classification claimed four criteria; three were met. AAO found three criteria satisfied the initial requirement but held that totality of evidence did not establish sustained national or international acclaim, top-tier status, or career of acclaimed work required for extraordinary ability.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

Data scientist seeking NIW for EB-2 classification. AAO affirmed dismissal because proposed endeavor lacks national importance; while substantial merit established, petitioner's work benefits only current employer with no demonstration of innovations or impact extending beyond employer's business interests or clients.

Data engineer seeking EB-2 with national interest waiver. Established substantial merit of endeavor but not national importance. AAO affirmed dismissal, finding applicant did not demonstrate how employment would reach national importance or provide substantial positive economic effects.

Data scientist pursued doctoral degree while proposing research on human mobility and urban prediction models for national interest waiver. AAO dismissed appeal because evidence failed to establish prospective impact of the specific endeavor, distinguishing between field importance and actual project importance.

Data analytics manager with advanced degree sought NIW for work managing digital analysts in banking and financial services. AAO found his mentorship and project work have substantial merit but lack national importance, as the endeavor does not demonstrate broader implications for the field or industry beyond individual benefits.

Sustainability and business intelligence consultant sought EB-2 NIW classification. AAO held proposed endeavor had substantial merit but lacked national importance as required under Dhanasar because petitioner provided only general assertions without adequate evidence of broader field impact or specific prospective consequences.

Data scientist claimed five criteria for EB-1A extraordinary ability. SCOPS and AAO found only one criterion met (high salary), then withdrew it on appeal. AAO determined petitioner failed to meet three required criteria and dismissed without final merits analysis.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

Data scientist with doctorate in earth science sought EB-2 NIW for climate change research using dynamical theories and data analysis. Met all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and balance favors waiver given STEM expertise and contributions.

Petitioner with advanced degree proposes data analytics and AI solutions company for healthcare. Claimed national importance via government recognition of AI in healthcare and societal welfare impact. AAO affirmed dismissal; endeavor lacks demonstrable national importance; benefits confined to prospective clients without substantial positive economic effects.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Market research and financial analyst seeks EB-2 with national interest waiver for new business providing market research and financial services. AAO dismissed because proposed endeavor lacks national importance; petitioner failed to demonstrate novel methodologies, research contributions, or prospective economic impact beyond clientele.